The Lebanon express. (Lebanon, Linn County, Or.) 1887-1898, 1887-10-28
OFFICIAL TESTIMONY.
Letter fromAttorney-ceneraI
Bradford Of Kansas.
How Prohibition Prohibits -"FanalIcai Tyra-
-"BIeeding Kansas Judge
crozier's Decisions The Law
Splendid Success.
TornkA. Kansas, Sept. q. lss

TOPEKA, Kansas, Sept 81, 1887.
Leslie Butler, Esq, The Dalies, Orego,
DKvR Sin: Your favor OF September q
received and contents noted with pleas
ure
The clipping you sent me is an extract
from an editorial written for the Leaven.
worth Standard. democratic anti-prohi.
bition organ. II does not state the facts
correctly, nor does IL foreshadow the
effect that that decision will have upon
prohibition in Kansas. Judge Crozier
decided that the law OF iSsi-th first
prohibitory law was unconstitutional
and void. The supreme court, however
decided TO the contrary, and being the
court OF last resort, and having the las
guess, il upheld by the people. Judge
Crozier, again in 1856, held that section
OF the law OF 1886, which gave 10 the
county attorney the power TO subpoena
persons before him and take their eyi-
dence and reduce IL to writing. which ev-
idence should be attached to the inforrna-
ton, was also void; bnt the supreme
court has again held that information
fled, verified upon information and be-
lief, having attached thereto the evidence
of witnesses taken by the county attor-
ney in the manner designated in section
8, the section decided by Judge Crozier
to be unconstitutional good. aud
sustained the verdict OF the courts below
in finding the defendants guilty upon
such an information. As matter ol
fact, the decision OF Judge Crozier has
no bad effect whatever upon prohibition
in Kansas, as his decision related TO a
matter peculiar and local to Ieavenworth
City. Permit me TO state in this connec-
tion that in Leavenworth in 1886, they
had two hundred and eighteen saloons, in
a population of $1,000. commenced OPP
erations in Leavenworth in 1885, and had
as my chief opponents Messrs. Baker and
Fenlon. two OF the most prominent law
yers in Kansas, who in terms seemed 10
have the favor OF Judge Crozier, the
Judge ON the bench. Ii seemed that sue
cess was absolutely impossible without
some of the machinery OF the law TO aid
me in my prosecutions. Juries were
packed against me, the court would rule
against me, witnesses would preyaricate;
consequently il seemed to me that / was
powerless 10 do anything. When the leg
islature OF 1887 convened, / conceived
the idea OF law which would provide
for these rebellious cities-Atchison,
Leavenworth. Wyandott and Wichita
a metropolitan police system, to be ap-
pointed by the state officers now in pow
er. The bin was passed, and police com
missioners. consisting OF two republicans
and one democrat, we're appointed in the
cities OF fLeavenworth. Kansas City. Kan
sas, and Wichita. The police commits
sioners appointed by the xecuti,e coun.
Gil appoint the police judge, the city
marshal and police officers. With these
implements of warfare, proceeded again
to Leavenworth. and as evidence of the
success of my crusade | will say that IN
80 days there was not a saloon in Leay.
enworth, and where the eye was met with
saloon signs on every hand not one to-
day car be found, except in a pile oi
refuse lumber IL some back yard. The
police Judge has fined 125 persons from
(IpV 10 (@A3 EdCu AON NhOhutiOHS VI tnt
prohibitory law in Leavenworth City
One of those parties, being fined a mum
ber OF times, sought the protection oi
Judge Crozier's court in habeas corpus
and the court rendered the opinion oi
which your clipping was q very imperfeci
synopsis. You will observe by this clip
ping. that Judge Crozier holds that the
police Judge and other police officers wert
dc fdcfo officers. and that their acts were
valid. but that the law appointing com
missioners was unconstitutional and void
therefore it follows that, Notwithstanding
Judge Crozier's decision, the police judge
Of the city Of Leavenworth will continue
to fine violators OF the prohibitory law Al
before.
As a sort of retaliation for having sen
me the clipping you did. send you here
with two. as explanatory OF the success o
the movement in Wichita, where a shor
time ago there were IS places running
where liquors were sold unlawfully, and
| am sorry to say, had the sympathy o
the public press OF that city, except, per
haps, two or three papers.
The prohibitory law gives me the pow
er, as attorney general OF this state, to en-
force the prohibitory lquor law in local
| tiles where the county attorney fails, neg
lects or refuses to perform his duty. Th'
county attorney refusing to perform IN
duty in Wichita, i proceeded to aPpoin
as my assistant in that county the Hon.
r Hallowell, who, until the recen
change OF national administration, wa
the United States attorney for th,
district of Kansas, powerful and vigor
GUS prosecutor. L gave him full instruc
tions what to do and started the ball roll
\ ing by causing some arrests to be made
and convicted two persons on informa
ton of nine connts each, and securing
their sentence TO the county Jail for min
months and 5000, and the costs. On
other person was sent to the county jai
| for eight months, accompanied with al
$500 fiue and costs. Col. Hallowell ha
| fled informations in Wichita against 4
persons, ranging in counts numbering
from one to 208. You will observe fror
the clipping herewith inclosed that tn
individual charged with 20S violations @
the law was convicted on each and ever
count, and consequently receives ser
tence from the district judge of the mini
mum fine and penalty on each coun
making his couts aggregate seventee
years and eight months, with $40 tint
You will also observe what Col Hallow
ell says on the subject of the masses i
Sedgwick county. He says: "The pee
pie of Sedgwick county make as goo
jurors as can be found in any county c
the state"
When / commenced operations j
Sedgwick county, the violators of the la
would snap their fingers in my face an
saw "Whaf ara Won going to do abOu